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Home My WebLink AboutContract 28576Cli"Y ��CR��'��1� ��trJ CITY 4F FORT WORTH ea�� - PLiJ1ViBT1�TG T1�TSPECTx4N AGREEII�IEI�TT This Agreement made this � day of ,r , 200� between th� Cit of F W e inafter ref�rre�to uas fhe "Cit ' and �,►�a�� )� ,..� � �. � , (hereinafter referred to as ihe "Plu�bing Tnspectar"). � In consideration of the rnutual promises conta,ined in this Agree�nent, the parties agree as followvs: RECITALS Th� City of Fort Worth is a home rule municipal carpara#ion af the State o� Texas, located within Tarrant and Denton Counties, Texas. The City desires to retain a Plumbing Inspectar to provide the Se�vices as set aut in Exhibit, "A" which is attached hereto and made a part hereof for all purposes, heing hereinafter referred to as the "Services". � The Plumbing rnspectar agrees to perform the services as set o�xt in Exhibit "A". AGREEMENT The City and Plumbing Inspector, for and in consideration o� thc; rnu�ual covenants herein, set forth agree as follows: �t is agz'eed that the Ci�y reiains t1�e Piuxnbing Inspector to provide the Services as set out in Exhil�it "A", subj ect to the terms, conditions, and stipulations under this AgrEement. COMPENSAT�ON For and in cansideration of the Services rendered by the Plumbing Inspecior, the City sha11 pay and the Plumbing Inspectar shall receive tbe fees set forth in Exhibit "A" attached hereto and incorporated herein by reference. Plumbing Inspectar shall nat accept any cornpensatian or anything of value from any contractar or awner whase work is be�ing inspected by the Plumb�ng Inspector. PROFESSIUNAL RESPONSIETLITYES P�umbing �in.sgec�or agrees ta perfonn said Services expeditiously, on request of � f.he City, in accordance with sound and generally accepted inspection principals and standards, to check for compliance with the applicable City af Fart Warth Code or Codes. Whan requested by the City, the Pluxnbin.g Inspector shall (1) conduc� an-site inspections for Code compliance, and {2} provide review of plans, plats,' c��*n�s, designs, de�elopments, reports, studies, surveys, data, etc. prepared by perso�is ar ez�nu�4 °� � � � ,, ��, ��U{��tl, ��d, other �han the Plumbing Inspectar and submitted to the Plumbing Ins�ecior by the City, and {3) prn�ide input, comuments, andlor recommendations and such respanse deemed appropriate by the Plumbing Inspector to assist th� Ciiy in Code compliance. All docum�nts which ca�ne into the possession of Plumbing Inspectar ax�e and shail remazxi the property of the City, shall be maintained at fhe City Hall, 1D00 Throckmorton Street, and are public records, subj ect to determination by the City otherwise. CITY REVIEW Plumbing Inspector agrees and understands that City officials may, at their discretion, rnake periodic site visits to review, inspect and du�licate any inspections perforined by the Plumbing Inspector in order to insure a quality con�rol of performance. The city official shall maintain fiz�l interpretation authority of all affected cades as well as the�authority to require carrections, including, but not limited to, notices and/ar stop work orders. Plumbing Inspector und�rstands that, �pon completion of all building projects, tb.e City official will perfozm a final inspecfiion prior to the issuance a� a certificate of occupancy. � TERMYNATION This Agreeinent may be tenninaied by either party for any reason by giving two (2) days written notice, The City reserves the right io suspend ar stop services iznxnediately. ANIENDMENTS T0 AGREEMENT Any amendment to ihis Ag�reement must be in writing and signed by the Plumbing Inspector and the City Manager of the Ciiy, NON-EXCLUSIVE AGREEMENT It is u�derstood and agreed that retcntion of the Plwmbing Inspector by ihe City to perform the Services, and for the purpases stated in this Agreement, is not exclusive. ASSISTANTS The Plumbing Inspectar daes not have the right to employ assistants or sub pluznbing Inspectors to perform the Services without the advanced wriiten consent of the City Development Directar. All assistants or sub plumbing insp�ctors shal� be currently licensed plumbing inspectozs. INDEMIVIFICATTON PLUMSING INSP�CTOR A5SUMES "1'X�E ENTIRE RE6PON�IBILITY AI\`�i -i,�i �,� aY FOA ANY CLAIM OR ACTION BAS�D UN OR ARISING DUT OF Ii�iJURI�+ S, ZNCLU t�i'��I"r��•� .� TD PERSONS OR DAMAG�B TO OR DESTRUCTION OF PROPERTY� SUSTAIN�D �R �,gyl� +' .�;�, � � � � TO HAVE B��N SUSTAINED IN CONNECTIOI� WZ`I'H OR TO I�AVE ARISEN OUT OF OR ii�CIDENTAL TO THE PERFORMANCE OF THIS CONTRACT BY P�,UMSING INSPECTOR, R�GA,RUL�SS O�' WHE'�H�R SUCF[ CLAIMS OR ACTI�NS ARE FOUN�ED IN WHOI.� OR IN PART UPON ALLEGED N�GLIGENCE OF TAE C1TY OF FORT WORTH, ITS OF�ICERS� AGEN'I'S OR EMPLOYEES� OR THE EMPLOYEES� AGEI�ITS, INVIT��S, OR LICENSE�S THERE��. PLUMBTNG INS��C"['OR �CJRTH�R AGREES TO IND�MNIF'Y AND HOLb HARMLESS THE CiTY OF FDRT WaRTH� ITS OFFICERS� AG�HTS t�ND EMPLOI'EES IN RESPECT TO ANY SUCH MATTERS AS 5�T OUT ABOV� AN� AGRE�S TO DEFEND ANY C1.AIM OR SUIT OR ACTION AT PLUMBIN� �NSP�CTOR'S OWN EXP�NSE WHEN SUIT IS BROUGH"I' AGAINST '�'HE CTTY O� FORT WORTHs IT5 OFFICERS� AGENTS OR EMPLOYE�S� AND �MPLOI'�EB� AGENTS� IPIWITEES� AND LICEIVSEES THEREOF. INSURANCE ' It is ag7re�d betwean Plumbirig Inspector and Ci1ry af Fort Worth tha� Plumbing Inspector will secure ax�d furnish City with a certificate of general lia3�ility and automobile insura�ce � coverage in an amount specified by standard policies and procedures of the Risk Managerrient Departmei3t of ihe City during tha term of this contract. Said policy zs �o include coverage for �.egligent acts, errors, and omissions and be maintained in force fQr five years from date of certification or c�rtifcation renewal, The City of Fort Worth shall be shown as an additional insuz'ed on sa�id policies of insurance. FORC`E MAJEURE The PIurnbing Inspector shall not he responsibie or liable for any loss, damage, ar delay caused by farce m�.jeure wh.ich is beyand the coniro� of the parties, which shall include riot, insurrection, ernbargo, fire or explosion, the elements, act of Gad, epidenuc, war, earthquake, flood, or the Qificial act of any gove�n�nn.ent. LEGAL CONSTRUCTION In case of any one or more of the provisions contai�ec� in this Agreement shall for any reason be he�d ta be invalid, illegal, or unenforc�able in any r�spect, such invalidity, illegali�y, or unenforceability shall not affect any other provisian and this Agreement 5�1&11 UE COT15�T1].ECI aS lf SUC�I 11]VS11{�, ��egal, or unenfarceabls provision had never b�en cantaaned in it. W�R.RANTIES Plumbing Ir�spec�oz hereby wazrants ihat: � Plumbzz�g Inspector has, currenily in effect, alI necessary �icenses fo pezf�z�z� the work, and Plumbing 7nspec�or is qualified to perform the work as required by the City's Code� and the State of Texas; a. All assista�ats or sub-plumbing inspectors employed by Plumbi�g Inst�ector shall be currently licensed plumbing inspectors. � � c. All work is to be performed i� a professional and workm�ul�'tke m�xa au � ' i � -- ,- d. The Plumbing Tnspector agrees to and represents that it vvill not in any fashion discriminate in the provisian o� S�r�vices against any �erson because af race, color, religion, national origin, sex, age, disability, political belief, sexual orientaiion or affiliaiion. TNDEPENDENT CONTRACT4R it is fhe express agz'eement and unders#anding of the parties that Plumbing Inspector is in all respects an independent contractor of the City. The relationship betwe�r► the Plumbing Inspector and the City is fhat af an independent contractor. Neifher pat�y is an employee, servant, ar part�er of the ather, and neither has the right, authority, or power to dzrect, bind, or obliga�e the ather in any way, except within the context of this Agreement. The City is interested only in t�e results to be achieved, anc� the control of the work wi�l l�e solely witli Plumbizxg Izzspector. Plumbing Tnspector shall set its own hours of work and the number of hours that it shall work to accamplish the puiposes of this Agreemen�. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement o#' the parties to it, and supersedes any priar understandings or written ar oral agreements between the parties respecting this subject matter. TE�AS LAW TQ APPLY This Agreement shall be canstrued under and in accordance with the laws of fihe State of Texas, and aIl obligaiions of the parties cz'eated ua�der this Agreement are performable in Tarrant County, Texas. Venue shall be in the state courts located in Tarrant County, Texas or the Uruted States District Caurt for the Northern Distric� of Texas, Fort Worth Division. PARTIES E�UND This Agreernent shall be binding an and inure�to �he bex�eft of the parties to it and their respective hei�s, executors, adtninistrators, legal representatives, successors, and assigns, MAII,ING �1,.DDRESSES All notices and communications under this Agreement to be mailed or delivered to the City shall be sent as follows: City of Fart Worth - 1000 Throckmorton Street i ' � ' Fort Worth, Texas 761 Q2 . ' �� y � ��. ��, �� ,, Attention: Development Director Telephone ($17) 871--$901 All notices and communications under tlus Agreeznent to be mailed or delivered to the Plumbing Tnspector and if applicable, the corporation, associaiion, parinership or any ather non-gavernmental entity that employs said Plumbing Inspecior sha11 be sent as follows, un.less and until the Cii�r is otherwise notified: Plumbing Inspector: � .� ' �, , ��G � �� ,�� lo ��1 Com any: � �. �� i/� - f� � rYG> l �� '�•v►� �� t �'� n��l i �� `�j__„�� Ariy notices and communications required to he given in. writin.g by one party to the other shall be considered as having been given ta the addressee on the date the natice or communication is placed in the United �tates Mail. Executed, in x�r�ulriple coua�terparts, at Fort Worth, Texa.s, on the day and yeax first above wri�ten, and each signed counterpart shall be treated as an original for a11 purposes. ATTE�ST: !�� f � �� -,� .� � �� - loria Pearson �ity Secretary Approved as to form and legality: David Yett, Cxty Aftorney By; � � �i(.�- [� Sarah � Ilen ider Assistant y Attorney CITY OF FORT WORTA f-_ .-.� A � . _ .. � , -' � _--�--.� . . Assistant City Manager PLUMBING �N�PECTOR Naxz�.e: �'1t1�: y 14.4'• � . �` �� `:�� 6 �� 5 EXHiBIT "A" ATTACHED TO ANI] MADE A PART �F AN INSPECTION AND CODE COMPLIANCE 5ERVICES AGREEMENT A.1. Plumbing Inspectar: � �� ,�i,�� • � N�� Nan1e �� Address �,� l_, �`� , 7�x � � ��-,� / L �l7.� �� L�� - Phone A.2 Scope of Sezvices. Pluambing Ii�spection A.3 Frequency: As Called/On Request A.4 Compensation: Ten percent (10%) of the City Council estabiished building permit fee. Payme�t is based on the completion of the structure and monfhly invoices suhmitted tn the City for each individual buildir�g permit. 0 RI�K MANAGEMENT IZECOMMENDATIONS FOR 1NSURANCE REQUIREMENTS Basic requirements or lirnits of insurance cor�erage are listed helow. Limits of caverage depend on several factors ineluding but not lirnited to risk exposure in regards to respective services, pxoducts procured, or contractual terms, ta name a few. Statutary Lirr�its of Workers' Compensation is appIicable for all public prajects. Coverage limits are the recommendation of Rislc Management. There are excepfions and departments are ultimately rasponsible fnr setting contract lir.�.ts. 1, Cammercial General Liability (CGL) Insurance Policy $1,OOp,DOp each occurrence . $2,Q00,000 aggregaY� limit Coverage shall inclnde but not be limited to the following� premises opezatians, independen# conl.iractors, products/campleted operations, {include explosion/callapselun.der�round pzopezty if appl'zcable), personal injury, and cnn#�actual liability, Insurance shall be provided an an occurzence basis, be as comprehensive as the current Ins�ance Services Of�ice (IS�) policy. (Stzddeu polluiion coverage nr�y not be excluded by endarsemen#. Include as a requirement o,f #he line o�- endor,sentent that you do i�ot want excluded. Deiernrined hy a reviery of tl�e i•isk exposures} AIl endozsed exclusions are subject-ta review of the Ciiy in order to deiermine if the exciusions are acceptable. In the event the exclusions are unacceptabla and the City desires the contractor/engineez (�ill zu witli appropriate title) to obtain suck coverage, the contract price sha11 be adjusted by the eost of khe pzeznium for such additional coverage plus 10%. 2. Automobile Liability Insurance 1'olicy $1,OOO,D00 each accident on a combined single iimit basis or $Z50,000 Property Damage $500,000 Bodily Injury per person per occurrence A comznemial business policy shali provide caverage on "Any Auto", defin�d as autos owned, hized and non- owned. 3. Wnrkers' Compensation Insurance Policy Statutory limi�s Employer's liability $140,OOQ Each accident/occuxzeance $11�0�000 Disease - per each employee $500,000 Disease - pQlicy limit This coverage may be rvritten as follo�vs: Workers' Compensa#ion and Employers' Liability coverage with Iimits cansistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and �inrmum policy limits for Employers' Liability of $IOO,Q00 eanh accident/nccutrence, $500,000 bodily injury disease policy lunit and $ lOQ,000 per disease pez employee Qther Lines o�' Insurance Other lines of insurance coverage, which may be applicable to a contraet, eould include one or more of the insurance types listed below, The insurance type is not an all-inclusive list. EIL and Professional Liability liinits are mentioned because they are frequently required. � 1. Environmental Im.pairment Liability (E1L) &/or Pallution Liabiiity $2,0OO,OpO to $5,004,000 per ocourrence . $5,000,000 to $1a,400,000aggregate Ins. Requirements Revzsed August 20D2 2. Professional Liability The minimum insuranoe requuement %r this line of coverage should be sufficient enough to coverage the completed operations of the construction projeck. The Texas Statute of Repose, §§ 1608-9, of the Texas Civil Practic� akd Remedies Code, zequires a clarmant to bring suit fax' a defective or unsafe conditiop oi an impro�vement to real property or equipment attached to real pxaperty, ar deiiciency in the cons#ruction or repair af an improvement to the property witivn 1D years af substantiai compieti�n. T�Ze statute applies to praperty damage, bodily injury, wrongful death, contribution, or indemnity. Errors �z Onussions covezage is an �tegral part of the Professional Liability policy. The coverage protects the insured against Iiability (financial loss} s�►ouid an error or an om�ission occur in the perforn�ance of his professional duties Pzo%ssional Liabilify limits shauld be cansistent with ofher requirements. The recammended minimum should be no less than: � � $1,004,000 per occur�ence $2,004,000 aggregate Policies, are to be �;rritten on an accurren�e basis or will provide a rnutimuni oia five (5) year tail coverage far �olicies written -on a claims made basis, Subcantractors pnlicies s.hould follow the same zrunimunk requuenients as desczzbed abo�e. 3. Excess Liability 4. i.iquor Liability ' 5. Garage Liability 6. Garage-keepers Liahility 7, Builders' Risk 8, LesseelTenant User of City Owned Facilities 9. Miscellaneous Covezage and FlaaterslRiders BONDS Fidelity Bond - for hanesty and faithful performance of duties and for acts of dishonesty Surety Band — Guarantees the performance of another Performance Band -- Guazantees the work to eompletion GENERAL REQi7IREMETNS &/or POLICY REQUIREMENTS � The City 4f Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional insured. Exception... the additional insured status does not apply to Workers' Campensation poiicies o Forty-five (45) days not�ce af caucellation or non-renewal. It wvuld be advantages to the City to raquire the following clause: ' "This insurance shall not be canceled, timited in scope or coverage, cancelled or non-renewed, until aftex forty-�ive {45} days priar writien notice has been given to the City of Fort Wnrth. � � Wavier of rights of recovery (subragation) in iavar af the City of Fart Wort�y. 2 Ins. Requirements Revised August 20D2 o The insurers foz all policies must be licensed/approved ta do business in the State of Texas. Except far workers' compensation, ail irxsurers rnust have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financiaS str�ngth and solvency� to the satisfaction of Rtsk Management. � If insurance palicies are not written far specified covezage linaits, an Ilmbrella or Excess Liability insurance for any flifferences is zequired. Excass I,iabiiity sha11 failow form of the prunary coverage. Tf coverage is underwritten on a claims-made basis, the retroactive date shail be coincident with or prior to the date of the cantractua! agreement and the certif'icate of insurance shall state that the coverage is claims-made and the ret�oactive date. Tha insurance co�srage shall be maintained for the duration of the contractual agreement and fvx five {5) years following campletion of the service pxavided under the contractual agreement or for khe warranty peria�, whichever is longer. A.n annual certificate of insurance submitted to the City shall evidence such insurance coverage. o The dedu�tible or self-insured raten#ian (SIR) affecting required insurance covezage shaII he acceptab�e to the Risk Manager of the Cit}+ of Fart Worth in regards to asset value and s#ocicholders' equity. In lieu of t�raditional insurance, alter�ative coverage maintained ttnrougi� insurance pools or risk retentian gxoups must also be appraved. � The City, at its sole discretion, zeserves the right to review the insurance requirements and to make reasonahle adjustments to z�nsurance coverages and their limits when deemed necessary and prudent by #he City hased upan changes ijn statutory law, court decision or the claims jiistory of the indushy as well as of the contracting party to the City of �'ort Worth. The City shall be xequu�d ta provide prior notice of ninety (days). � The City shall be entitled, upon request and without expense, ta recei�e copies af policies and endarsements thereto and may make any reasonable requesks far deletian or revision. or modifications of particular policy tetms, conditions, limitations, or exclusions except where policy pror+isions az�e established by law or regulatians binding upon either of party or the underwriter aza any such policies. Ins. Requuemenis Revised Au�ust 2002 • - -- -.:... :.' . � .: . -- �-----...�... .___ .. .-� --- � - -� - ...- ----- �--��-- -.._......__.._..._.._.... �:._ :...:........ ' - --��- �---. -- - - • _ � . City o_ f l�`o�i �orth, �'exas � .. . • . . .: � � . : : a ��-� �� -. =- c�� _ _.. ��r��a� . .� ...:... C. . .._�. .. . _ DATE � REFERENC� NUMB�R � LOG,NA[VIE . � �- PAG�, � � . . 9116l01 ; _ . �*�d� 3��7 ' � 06PROGRAM I � . '� of 3 s�BJ�cT, � AGREEMENTS AND ORDINANCES.. ESTAB�.ISHING THIRD .PARTY PLUMBING . � � : � INSPECTION PROG�RAM , ` � ' � RECOMMENDATION: ` ft is recomme�ided that the City Council:� 1. Authorize the City Manager to enter in�a agreements vtirith independer�i contractors for third pa�ty . - plumbing ins�ectors�to �erform plumbing inspections wit�in the City of Fort Wort�; and _ � 2. Adopt �the attached ordinances which establish 10°Io as the amaun� refained for new construc�ion E�uilding permits to cover the maximum amount payable for third party piumbing inspection services; and 3.. Adopt #he attached ordinances whic� estabiish 90% as the amount retairted for all plumbing work permits, other than new construction, to caver t�� maximum amount; payab{e for third �arty p�umbing �rtspection services; and . 4. Adapt the attached appropriation ordinance ir�creasirig estimated receipts and apprapriations in the Generai Fund by $115,00.0. � , � : - � . � . . DiSCUSSION: On March 2, 'i999 {M&C G-12492}, the City Council.adapfed ordinance.amendments and.directed s#aff.__ to implement a. program allowing third. party plan r��iew.and inspectian sen+ices for #he BUilding, - Electrical,_ Pi�tmbin and Mechan�cal Codes.._T�is_ ro ram was necessa to addr�ss heavy demands . _.. �------- - -- .......... P...--g_------�--_ .___..__._rY __.._...... _.._._. _.._. ._. in �uilding const�uct�on inspections; problems wit� recru.iting an� reta�ning quatified City staff, and to better meet the speciai ex�er�ise or ex�edited schedules for various projects. At the time � af implementatiort� the City was �x�eriencing 3U% of alf insp�ckion r�quesfs not b�ing p�rformed within �24 hours of fhe raquest, resulting in a decrease of productivity,.canstruction t�efays and increased costs:=-.=-: The third 'par�y pragram allowed cantrackors �andlor owners of projects #o cantract �directly wi#h plan review or inspection firms to provide services normaily�delivered by the Deve[opment Depar�ment.- �n May 25; 'i999 (M&C.G-'�2568), the City Council autharEzed a waiWer o� 90% of the calculated building,� electrical, plumbing ar mechanica! fees for pro�ects managed �y a third party firm. The collection of.. � 0°to_ by the Ci#y was .determin�d as the amaunt necessary to cover staff costs in �uatity controI ;and. .. ._ . _.._ ..._..----...-------:-----�-------� . record generation or management. .' On August '�6, 2000,�the Texas State Board of Plumbin� Examiners (Board) inq�ired ir�to Fort Wor�h's :, third party prograrrm _ta deterfnin� if the program was upho�dirig t�e 5tate� Plumbing License Law and - Board's �ul�s. In particular, the Board had ques#ions regarding tF�e employment relations�ip��between the � City and fhe third parky plurnbing �inspec�or and the = method - of payment for tiiose servic�s. =� Subsequent repiies �and communicat�ons with the Board r�sulted in the Board Administratar ruling that . the Fort Worti� #hird party piumbing inspection process was not meeting the requirements of�ihe P{t�mbing License Law ar� the Board's rutes. The �matter was forwarded to #F�e Board's Enforcement , Committee #or consideration ot� 5�ptember 28, 2000. --� , . . .. . _ . , . . _ ... __. .. � . -___ _.._... -�----- ----- - - -�- -. ._. ..� . _- -�--��--- - �- . �`ity of '.�'ort . l�o�th� �'exas . .. . � � �� n� - ��r��i� �� ,��t.��i�n . � � . ; � �' .. _ ... . . �; DATE . R�F�RENCE NUMBER LU(s N�ME PAG� 'l/'161Q� **�d�3��7 � � 06PROGRAM ' 3 of 3 su��Ec-r . AGREEMENTS AND ORDINANCES ESTABLISHIN� THIRD PARTY PLUMBING INSPECTiON PROGRAM � ' � � . � Favorabie consi�eration i�y the City Co��ci1 for th� third par�y p�umbing fnspection pragram. and structure will authorize staff to implement the program on Fe�ruary 5, 2QQ9 . ; I� should be noted that staff has been working with the Safety and Cammunity Development Cammittae to change the structure and �mounts of�bui[ding permits.. Changas af fees and #he percent waiv�r far third party insAectiQn serv�ces wi�1 be recommended in the near future. At fhat time, the aftached ordinances wiEl r�eed to �e amended appropriately. � . FISCAL INFORMATIONICEFjTIFICATION: The Finance Director certifies that upon appro�al of the a�io�e recommendations, fur�ds will �e available, as appropriated, in the Generai Fund. . . MG:k a Sub�nicted for City Manager's Office l�y: Mike Groamer � � 6]40 Originating Department Head: Bob Riley Additianal Information Contact: � FUND I ACCOU�IT I CENTER � AMO�JIVT' I CI'1"S( SECRETARY (to} . . . . . .. � � � ..:_.._ _ . _� -�PPRDVED � . =-- . � _ . ��TY C�Ut�C�L =: 890I I Bob Riley 8901 j Adopted �rd4nance Noe �`,� � _�_: .►...,:__.,..= n�., �,�lC/�� (from) . � . - JAN � Ifi 20D} ■ _IJ ` -- ' �41Y:� �!Y �� r� w r�, �� a��pted Ord��an�� I�o„ /��/ � � _. _ ._ . _ _ . . . � .. .� i/i/!b� - - �I�/�.�